Criminal Appeals

We are the experts in Criminal Appeals

We are serious about fighting for justice and have over 20 years experience in the legal profession. We pre-vet your case free of charge within 2 hours whenever possible and without obligation. If you have a good case we quickly pass it to a senior barrister who will consider it for no win no fee. A small administrative fee is only payable when we seek a barrister's opinion. If the barrister agrees, he will take on the case on a no win no fee basis. We can also insure you against paying your opponent's legal costs. Our Panel barristers and solicitors don't just run cases - they win cases and it is they and not you who take the risk.

If you were in the Magistrates Court facing a criminal matter, and you are not happy with the decision, you have an automatic right to Appeal to the Crown Court in that same area. You can Appeal against Conviction or Sentence or both. You need to lodge the Form of Appeal with the Magistrates Court within 21 days setting out your Grounds

If your case was heard at the Crown Court, you will have to Appeal to the Court of Appeal (Criminal Division) based at the Royal Courts of Justice in London, whether you appeal against conviction, sentence or both. You have 28 days from the date of conviction within which to appeal that conviction. However, in the case of the Crown Court, you have no automatic right to Appeal, and you must seek Permission to Appeal from the Court of Appeal.

You can apply to extend the time. You need a good reason but the Courts are reasonably generous as long as the delay is not too significant and you give a good enough reason for your delay. Sometimes you will only stumble on fresh evidence at a later date and your late Appeal can certainly be justified on that account. You ought to try your best to be in time

In the Crown Court, on an Appeal, a Judge of the Crown Court sitting with Magistrates will hear the case which in effect is a proper re-hearing, as if from scratch

In the Court of Appeal, a single Judge will initially consider the question of Permission to Appeal, but if permission is granted, the Appeal itself is heard by a full Court of three Judges of the Court of Appeal in London

The initial Application for Permission is dealt with by a single Judge purely on the papers he has been given. If he refuses Permission, you can renew that Application before a Full Court at an Oral Hearing when the three Judges will hear submissions/arguments as to why the single Judge was wrong and why Permission should be granted. There is a strict time limit for renewing the Application and that must generally be rigidly complied with.

Appeals to the Crown Court can come on pretty quickly and within a few weeks on occasions. If there is an urgent reason why the case should be dealt with quickly, this ought to be stated on the Notice of Appeal. Appeals to the Court of Appeal take much longer as clearly a single Judge has to firstly consider Permission. If the person appealing is serving a sentence, then it ought to be dealt with sooner. Any other compelling reasons for treating the matter urgently need to be included in the Grounds of Appeal.

The Crown Court re-hear a case and so they look at the entire matter afresh. For this reason your Grounds are generally that the decision was contrary to the weight of evidence, though it is appropriate to be as specific as possible in order to assist the Court.

In the Court of Appeal, it is more rigid. To establish that a sentence is wrong, you need to establish that it is ‘manifestly excessive.” This is difficult to define but certainly means that the sentence has to be way off the mark, bearing in mind the Judges in the Crown Court are supplied with ‘Sentencing Guidelines.’

In the case of Conviction, as a jury heard the case in the Crown Court, the Appeal Court will only interfere in exceptional circumstances. There are two particular headings. One is where there has been some irregularity or defect in the original proceedings. By way of example, this might occur where the Judge’s summing up was clearly unfair or biased. The other heading is fresh evidence. This does not mean evidence that was available but was purposely not used, but evidence which has only come to light after the trial was concluded. The Court of Appeal may hear new evidence that was not adduced at the original proceedings if it appears capable of belief; it may afford any ground for allowing the Appeal; it would have been admissible; it is an issue which is the subject of the Appeal, and finally, there is reasonable explanation for the failure to adduce it.

Get Your Free
Assessment
Now Call

0203 633 0767

SUBMIT YOUR CASE

First Name:Last Name:Phone Number:Email:Case Subject:Case Outline:

By clicking ‘Submit’ you agree to be contacted via telephone or email and that you have read and agree to our Terms & Conditions.